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Hansen was convicted in 2009 of three counts of failure to file tax returns, after a long investigation related to improper influence and public corruption in the handling of a government sewer contract.
Former government officials Ohanio Harris, Ashley Andrews and Campbell Malone were sentenced to prison for their role in the scandal. Hansen was initially charged with conspiracy, fraud, accepting a bribe and conflict of interest violations. Several of the charges were dropped prior to her trial, and a jury acquitted her of the conflict of interest charge (See related links below). She was later convicted and sentenced to probation for the three much less serious misdemeanor offenses of intentional failure to file a tax return.
Colleen Clarke, head of V.I. Action Group, a citizens group based on St. Croix, filed a request Aug. 16 asking the V.I. Joint Board of Elections for an investigation into Hansen's eligibility.
Joint Board Chairman Rupert Ross, who also chairs the St. Croix board, responded the following day, saying V.I. Code gives the supervisor or deputy supervisor of elections authority over the question of eligibility and the St. Croix board had previously determined it had no jurisdiction over the status of a sitting senator.
The St. Croix board appointed Public Employee Relations Board Zandra Petersen as hearing examiner to gather testimony, which Petersen did, presenting it to Supervisor of Elections John Abramson and Deputy Supervisor James Weber II.
Hansen's attorney Amelia Joseph and V.I. Action Group's attorney, Yohana Manning, agreed on little, but both agreed the question of Hansen's eligibility hinges upon whether or not Hansen's misdemeanor convictions of a failure to file tax returns constitute "moral turpitude," which is not defined in V.I. law – and Abramson's decision hung upon this question.
The Organic Act of 1954, which functions as the U.S. Virgin Islands’ constitution and defining legal document until the territory approves its own, bans those convicted of "a felony or of a crime involving moral turpitude" from serving in the Legislature.
Ruling Hansen to be eligible, Abramson concluded the lack of a definition of "moral turpitude" in either the Organic Act of 1954 as amended, or in the V.I. Code, was an important fact in rejecting the challenge to her candidacy [Order: Clarke V. Senator Hansen].
Another factor Abramson cited as influencing his decision was the fact that no court has notified the Board of Elections of any conviction that would result in the loss of voter privileges. Mirroring code in most U.S. jurisdictions, V.I. law requires courts to notify the registrar of elections when a candidate is convicted of a crime that results in the loss of voting rights.
Abramson also found it relevant that the St. Croix District Board of Elections affirmed Hansen was eligible to register and hold office by a majority vote Dec. 22, 2011, and that Hansen presented a valid nomination paper for the Nov. 6 General Election.
Paul Devine
The following is a federal court determination regarding tax evasion and moral turpitude.
The elements of tax evasion are the existence of a tax deficiency, willfulness, and “an affirmative act constituting an evasion or attempted evasion of the tax.” Sansone v. United States, 380 U. S. 343, 351 (1965) . As this Court’s decisions indicate, the evasion of taxes involves deceit or fraud upon the Government, achieved by concealing a tax liability or misleading the Government as to the extent of the liability. See, e.g., Spies v. United States, 317 U. S. 492, 499 (1943) (an act of tax evasion may be “any conduct, the likely effect of which would be to mislead or to conceal”). Accordingly, courts have determined that tax evasion is a crime of moral turpitude, because it necessarily involves fraud. See, e.g., Carty v. Ashcroft, 395 F. 3d 1081, 1085, n. 7 (CA9 2005) (fraud is “implicit in the nature of the crime” of tax evasion); Considine v. United States, 683 F. 2d 1285, 1287 (CA9 1982) (“The express language of section 7201 requires an intent to avoid tax (a legitimate synonym for fraud).”); Costello v. INS, 311 F. 2d 343, 348 (CA2 1962) (“There can be no ‘wilful’ [tax] eva- sion without a specific intent to defraud.”), rev’d on other grounds, 376 U. S. 120 (1964) .
Moreover, it is entirely possible that the taxes owed by Ms. Hansen were directly related to the funds stolen during the commision of fraud of the VI government in which her co-conspiritors were sentenced although Ms. Hansen was able to plea bargain out of. In any event, it is my opinion that Ms. Hansen should not be allowed to seek office especially since her original indictment was for felony charges of fraud and tax evasion.
Thank you Mr. Devine
As I was reading the article, I wondered, 'why doesn't she (abramson) "look It Up" but alas, no 'decription' in a 1954 document ( I suppose the VI Constitution has to double as a dictionary, or case closed)
Absolutely ludicris. Ask the voters which aren't Taxi drivers and that 'candidate' won't stand a chance....
Only in the VI could government officials be so lacking common sense. "Moral turpitude" has been defined everywhere but here, so the meaning doesn't exist. Let's just keep ignoring common sense so we can keep the elected crooks in office. Nice.
Hansen is a racist, crooked piece of human garbage. Why can't St. Croix solve their problems? Why do things keep getting worse?
Because you idiots keep voting for thieves and trash like Hansen.
Wow, you seem pretty negative for someone named IrieStx? Might I suggest a name like ITalkBSButOfferNoSolutions?
This is a shame! Everyone who is able to make a determination on Alicia Hansen's eligibility to sit much less run as a V.I. Senator is running away from their duties and responsibilities. There are Senators and Congressmen in the U.S. who were asked to step down by their party because of moral wrong doing i.e. Tom Daschle and Anthony Weiner to name a few. So how is it the party Alicia belongs to cannot lead on this call for her to step down? It is now time for the people of St. Croix to lead on this issue and do so with their votes. Chucky has her people who will be in her corner no matter what, but they are but a drop in the bucket compared to the remainder of registered voters on St. Croix. Remember a vote for Chucky Hansen is a vote for upholding the status quo in the V.I. Always FORWARD never BACKWARD!
Ms. "WestNDNBeauty", calm down, you're showing your complete ignorance. Alicia Hansen is an INDEPENDENT candidate, who is this "party Alicia belongs to"?
Please be informed of the basics before you come on here and make yourself look like a bantering fool.